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HomeMy WebLinkAbout04/27/2009 Council Meeting Minutes APRIL 27, 2009 Minutes of a regular meeting of Council held on April 27, 2009, at 7:00 p.m., in the Council Chambers. Councillor Trim led the meeting in prayer. Prior to the start of the meeting, Mayor Abernethy acknowledged Soldier Darren Hann, a Clarington resident who recently returned home upon completion of his tour of duty. A moment of silence was held for Major Michelle Mendes and Trooper Karine Blais who lost their lives in Afghanistan. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome, attended until 9:20 p.m. Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Hooper announced the following: ? Maple Festival and All That Jazz will be held on Saturday, May 1, 2009, from 9:00 a.m. to 5:00 p.m. on King Street in downtown Bowmanville rd ? The 3 Annual Health Matters Wellness Expo for Older Adults was held at the Clarington Central Secondary School on Saturday, April 25, 2009 Council Meeting Minutes - 2 - April 27, 2009 ? On Tuesday, April 21, 2009, John Kiru, Toronto Association of Business Improvement Areas, presented an information session to local business owners on the Accessible Mainstreet Program to bring awareness to removing barriers in commercial areas ? On Sunday, April 26, 2009, Clarington Tourism hosted a “Brochure Exchange” with many tourism partners in attendance Councillor Novak announced the following: ? On April 21, 2009, Ontario Power Generation held a Community Information Session on the OPG New Nuclear at Darlington ? On April 22, 2009, she attended the Reaffirmation Ceremony to Celebrate Citizenship for Pathfinders held in the Council Chambers ? On April 21, 2009, Martha Rutherford-Conrad hosted a presentation on the History of Camp 30. This presentation will be made available to all Members of Council. Councillor Foster announced the following: ? On Saturday, April 25, 2009, he assisted with litter pick up along Trulls Road and expressed appreciation to Fire and Emergency Services and the Courtice Lions Club th ? On May 1, 2009, the Rotary Club of Courtice will celebrate their 7 Anniversary ? On May 14, 2009, the Rotary Club of Courtice will be hosting the Paul Harris Fellowship Awards Dinner. Dan Carter will be the Guest Speaker. Councillor Trim announced that he attended the St. Andrew’s Presbyterian Church th 175 Anniversary Dinner on Saturday, April 25, 2009. Councillor Woo announced the Visual Arts Centre of Clarington is hosting a Wall to Wall Fundraising Event – “Sweepstakes for Cheapskates” on May 1, 2009. Sixty Tickets will be sold and each ticket holder is guaranteed to take home an original work of art. Mayor Abernethy announced that on Saturday, April 25, 2009, he attended the Chamber of Commerce Awards in Port Hope. Mayor Abernethy read a press release issued today by the Region of Durham Health Department regarding the Swine Flu. The Health Department advises that there are no confirmed cases of swine flu in the Region and issued a reminder of the importance of practicing good hygiene to help control the spread of germs. The Region continues to monitor the situation. Council Meeting Minutes - 3 - April 27, 2009 Resolution #C-224-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the Rules of Procedure be suspended and that Richard Walli, Chair, Energy-From-Waste Site Liaison Committee, be added to the Presentation Section of the Agenda. “CARRIED” Mayor Abernethy advised that Tim Funchion, delegation (c) listed in the Draft List of Delegations would not be addressing Council at tonight’s meeting and that additional Correspondence Items D – 26 and D – 27 were added to the Agenda. MINUTES Resolution #C-225-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on April 6, 2009, be approved. “CARRIED” PRESENTATIONS Glenda Gies, President, Port Darlington Community Association and Co-Chair, St. Marys Cement Community Relations Committee (CRC) and Candice Kay, Co-Chair, CRC addressed Council to present the Committee’s 2008 Annual Report, a copy of which was provided to Members of Council with the Council Agenda. Ms. Gies reviewed the purpose of the Committee in providing an opportunity for dialogue and relationship-building between the community and St. Marys Cement Company and the Committee’s mandate to review and refine procedures for reporting concerns and mitigating impacts resulting from St. Marys Cement Company operations. She advised the Committee, comprised of representatives from the Port Darlington Community Association, the Wilmot Creek Residents Association, the Municipality of Clarington, St. Marys Cement, and a staff member of the Ministry of the Environment who acts as a technical resource, was established ten years ago and meet on a quarterly basis to discuss docking procedures and monitoring protocol, dust monitoring, emissions, and data from off-site blast air and ground vibration monitoring statistics. Ms. Gies noted complaints related to St. Marys operations have declined significantly since 2002 and the Committee is working effectively in ensuring opportunity for information sharing and dialogue between St. Marys and its neighbours and recommends that the Committee continue to meet on a quarterly basis. Council Meeting Minutes - 4 - April 27, 2009 Candice Kay, Human Resources Manager, St. Marys Cement, introduced Ruben Plaza, Environmental Manager and Michael Smith, Quarry Manager. Through use of a PowerPoint presentation, Mr. Plaza highlighted Environmental Awards achieved from the North America Cement Industry for environmental performance, energy efficiency and land stewardship, receipt of the 2007 Business of the year for Green Initiatives from the Clarington Board of Trade and award of the 2007 CIPEC Canadian Industry Program for Energy Conservation Leadership Award/Employee Awareness and Training Award. Mr. Plaza highlighted the West Side Marsh Reconfiguration project, outlined results in the reduction of SO2 and NOx emissions and advised of the formation of the E=MC2 Energy Management Conservation Committee, an initiative started in 2006 to develop and structure a program to reduce and/or save energy. Mr. Plaza noted in 2008, there were nine complaints, one plume, one blast and seven dust complaints. Mr. Smith reviewed ground and air vibration reports noting there were two ground vibrations and one air vibration that exceeded the limits and indicating the total number of blasting concerns has been significantly reduced. Ms. Kay advised St. Marys held their fourth Open House in September, 2008 and also celebrated 40 years of business in the Municipality of Clarington. Over 750 visitors from Clarington and surrounding areas attended the open house. She also advised that St. Marys Cement supports over 20 different local charities, events and sporting teams. Ms. Kay concluded that St. Marys is committed to reducing stack emissions, to maintaining continuous improvement practices in the area of the quarry and blasting, and to work with local charities. Dave McCauley, Director, Uranium and Radioactive Waste Division, Natural Resources Canada (NRCan) and Marie-Pierre Grondin, Environmental Assessment Officer, Canadian Nuclear Safety Commission (CNSC) addressed Council concerning the Port Granby Project: Release of the Draft Environmental Screening Report. Through use of a PowerPoint presentation, Mr. McCauley outlined the purpose of the screening report and its place in the environmental process, reviewed conclusions of the Draft Screening Report, next steps in the process and long-term actions. Mr. McCauley stated the screening report contains the conclusions of Natural Resources Canada and the Canadian Nuclear Safety Commission on the Port Granby Environmental Assessment, following review and analysis of the Low-Level Radioactive Waste Management Office’s Port Granby Environmental Assessment Study Report. Mr. McCauley highlighted the contents of the screening report and key findings advising that in four of seven environmental components examined, no residual adverse environmental effects are predicted after mitigation. Minor residual adverse environmental effects are predicted in the socio-economic environment, human health and safety considerations and aboriginal interests. Mr. McCauley reviewed elements of the Follow-up Program, the key link between the Environmental Assessment and effective project implementation noting that the CNSC will lead on most activities as they relate to the biophysical environment and health and safety and NRCan will lead on activities relating to the socio-economic environment. Council Meeting Minutes - 5 - April 27, 2009 Mr. McCauley advised the Draft Screening Report will be released on May 4, 2009, open houses will be held on May 27, 2009 at the Newtonville Town Hall at 2:30 p.m. and 7:00 p.m. He noted the deadline for comment is June 17, 2009, and encouraged the Municipality and members of the public to comment, as all comments will be placed on the Public Registry and will be considered in the decision-making process. Richard Walli, Chair, Energy-From-Waste Site Liaison Committee, addressed Council to provide an update following the fourth meeting of the Energy-From-Waste Site Liaison Committee meeting held on April 8, 2009. He advised the meeting was called to finish business from the previous meeting and that no new information was presented. Site specific reports presented at the March 4, 2009 meeting were accepted as presented and included the Draft Natural Environment Impact Assessment, Draft Geotechnical Investigation, Draft Stage 2 Archaeological Assessment and Built Heritage and Draft Environmental Baseline Study. Mr. Walli noted further discussion took place on the Final Report - Review of International Best Practices of Environmental Surveillance for Energy-From-Waste Facilities and a motion was adopted to accept the report with provision that further recommendations be made with regard to environmental, air surveillance and biomonitoring as required at a future date. Mr. Walli advised of a significant Committee recommendation to host one more Public Information Session noting if the Joint Waste Management Group (JWMG) does not permit the additional session that the Site Liaison Committee be permitted to host the session at their next meeting at a location to be determined. Mr. Walli advised that he has not had a response from the JWMG to date. DELEGATIONS Allan Kirby, President and Deborah Leslie, Director, Newcastle & Village District Historical Society, addressed Council concerning Correspondence Item D – 1 – Request for Architectural Heritage Policy. A video clip of the Village of Newcastle was shown depicting sites of historical architecture in the village reinforcing the community’s appreciation and commitment to maintaining the historical architecture. Deborah Leslie summarized by stating the Society acknowledges the expansion of new investment in the downtown core and would like to see the municipality strongly encourage new development to embrace the past heritage that the residents of Newcastle are so proud of and would like to see a unifying heritage theme and marketing plan for Newcastle’s downtown. She stated the Society believes that maintaining the architectural heritage would enhance the economic survival of the village and referenced other local communities such as Port Hope, Cobourg and Port Perry that have proven that modern efficiencies can be achieved while maintaining historic architecture. She urged Council to put a policy in place that will respect and protect the architectural heritage of Newcastle. Deborah Leslie introduced Myno VanDyk and Marion Saunders, Board Members also in attendance. Council Meeting Minutes - 6 - April 27, 2009 Danny Deal and Rafael Karski, Youth Advisory Committee, St. Thérèse Parish addressed Council concerning Correspondence Item D – 15 - SONfest Conference/Festival. Mr. Karski and Mr. Deal advised they are two of the many young people preparing for the three-day outdoor festival and conference to be held on August 13 to 16 at Holy Trinity Catholic Secondary School. SONfest is modeled after World Youth Day and provides an opportunity for youth and young adults to get “Spirit Filled and Fired Up” with music, keynote speakers, peer discussions and various devotions and liturgies of the Church. They anticipate 200 to 250 young people will participate. In reviewing By-law 2007-071, they noticed that timing of certain activities will not be in compliance with the by-law and were requesting an exemption to the by- law with respect to the 11:00 p.m. noise curfew and the restrictions prior to 10:00 a.m. on Sunday morning. They confirmed that SONfest Committee members will be distributing flyers to all homes in the area and inviting them to be part of the event. An information package on SONfest was distributed to all Members of Council. Robert Walraven addressed Council concerning Item 1 of Unfinished Business - regarding the request for a street party on Morgandale Cres. to be reconsidered. Mr. Walraven advised he provided insurance endorsement and submitted a petition to Ron Baker, Engineering Services Department signed by homeowners of all 26 homes on Morgandale Crescent in support of the party going forward, with one homeowner providing conditional approval. Mr. Walraven stated the neighbours want to impress small town community values where they know each other and children feel safe, noting that is the reason the idea of the party was first discussed. He stated the specific road closure is to protect their families and children and to have drivers slow down. He noted the organizers were made aware of Council’s concerns and are not promoting drinking on the street and will inform their guests of their expectations. Mr. Walraven confirmed that the initial figure of attendees was a ballpark figure of 25 households with 4 participants and guests and noted that this figure would include children. He further confirmed that music will end by 11:00 p.m. Mr. Walraven hoped this gathering would be the first of many and they wanted to do it legally and for it to be a benefit to the community. Resolution #C-226-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 8:44 p.m. Council Meeting Minutes - 7 - April 27, 2009 COMMUNICATIONS Resolution #C-227-09 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 4, I - 5, I - 8, I - 12, I - 15 and I - 16. “CARRIED” I - 1 Minutes of the Tyrone Community Centre Hall Board dated March 18, 2009. I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated March 19, 2009. I - 3 Minutes of the Clarington Heritage Committee dated March 17, 2009. I - 6 Debi A. Wilcox, City Clerk, City of Pickering, writing to P. Madill, Regional Clerk, Region of Durham, advising that on March 23, 2009, the City of Pickering adopted the following resolution pertaining to the Region of Durham’s Growth Implementation Study – Proposed Amendment to the Regional Official Plan: “1. THAT Report PD 13-09 of the Director, Planning & Development, regarding the Region of Durham’s Proposed Amendment to the Durham Regional Official Plan to incorporate recommendations of the Region of Durham’s Growth Plan Implementation Study, and to incorporate Food Security Principles be received; 2. THAT the comments contained in Report PD 13-09 on the Proposed Amendment to the Regional Official Plan to implement the Region of Durham Growth Plan Implementation Study be endorsed, and that Council request the Region to incorporate the following changes: a) the land use structure as shown on Exhibit 4 to the proposed Amendment and provided as Appendix I to Report PD 13-09 be revised as follows: i) replace the Regional Centre designation with a new Urban Growth Centre designation for downtown Pickering; ii) designate a Future Regional Centre designation, at Salem Road and the Seventh Concession Road in northeast Pickering; Council Meeting Minutes - 8 - April 27, 2009 iii) delete the Regional Corridor overlay along Taunton Road and delete the Living Area designation on lands located between Taunton Road and the C.P. Rail line within the Duffin Heights Neighbourhood; and iv) add the Regional Corridor overlay along Brock Road between the Highway 401 interchange and Bayly Street; b) the transit priority network as shown on Exhibit 8 to the proposed Amendment and provided as Appendix II to Report PD 13-09 be revised as follows: i) replace the future commuter station symbol with a transportation hub symbol for the GO Train Station in Seaton; and c) the detailed comments and revisions to the policies of the proposed Amendment provided as Appendix III to Report PD 13-09 be incorporated into the final Amendment to the Regional Official Plan; 3. THAT Council support the Region’s commitment to undertake the Infrastructure and Fiscal Analysis to address infrastructure, transit and servicing costs relating to new urban areas identified on Exhibit 4 to the Region’s proposed Amendment and provided as Attachment #3 to Report PD 13-09. 4. THAT Council request the Ministry of Energy and Infrastructure to extend the required Growth Plan Conformity submission deadline by one year, from June 16, 2009 to June 16, 2010 for the City of Pickering; 5. The Region, in discussions with City staff, will clarify the population and employment figures, along with the ratio of population to employment in Northeast Pickering, Seaton and the existing Pickering urban area, including separate figures for the corridors and the urban growth centre, including the airport and non-airport employment figures; 6. THAT the Region of Durham be advised that the Council of the City of Pickering hereby reconfirms its position that it does not support a Pickering airport and that any growth assumptions of the study should not be based on the introduction of an airport; and 7. FURTHER, THAT a copy of Report PD 13-09 and Pickering Council’s resolution on the matter be forwarded to the Region of Durham, other Durham Area Municipalities, the Ministry of Energy and Infrastructure, the Ministry of Municipal Affairs and Housing, and the Ministry of Transportation.” Council Meeting Minutes - 9 - April 27, 2009 I - 7 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to Mike Parkes, Cabinet Liaison & Strategic Policy Coordinator, Strategic Policy and Research Branch, advising that on March 30, 2009, the Town of Whitby adopted the following resolution pertaining to Bill 150, The Green Energy and Green Economy Act, 2009: “1. THAT Planning Report, Item PL 29-09 be received as information; 2. THAT the comments contained in Planning Report, Item PL 29-09 be endorsed by the Planning and Development Committee and Council as the Town of Whitby’s comments on Bill 150, The Green Energy and Green Economy Act, 2009; 3. THAT a copy of Planning Report, Item PL 29-09 be submitted to the Cabinet Liaison & Strategic Policy Coordinator at the Ministry of Energy; and the Clerk of the Standing Committee on General Government; and, 4. THAT a copy of Planning Report, Item PL 29-09 be circulated to the Clerk of the Region of Durham, the area municipalities, Christine Elliott, MPP, and the Environmental Commissioner of Ontario.” I - 9 P. Madill, Regional Clerk, Region of Durham, writing to the Honourable Dalton McGuinty, Premier and Minister of Research and Innovation, advising that on April 1, 2009, Regional Council adopted the following resolution pertaining to the Central East LHIN Hospital Clinical Services Plan: “a) THAT the comments listed in clause 9 of Report #2009-MOH-08 of the Commissioner & Medical Officer of Health, be adopted as the Region’s position on the Central East LHIN’s Hospital Clinical Services Plan (CSP); b) THAT the Region be invited to participate in any future clinical services integration project for which it is likely that Regional operations and finances may be impacted; and c) THAT the Premier of Ontario, Minister of Health and Long-Term Care, Durham’s MPPs, Area Municipalities, and the Chair and CEO of the Central East LHIN be so advised.” I - 10 Gabrielle Bell, Hall Administrator, Newcastle Community Hall, extending appreciation to Council and staff for providing a grant in the amount of $13,000 to fund operating the Newcastle Community Hall. Council Meeting Minutes - 10 - April 27, 2009 I - 11 Michael Angemeer, President and CEO, Veridian Corporation, advising of a resolution adopted by the City of Oshawa on April 6, 2009, recommending that the City of Oshawa register with ‘Project Get Ready’ and that the Oshawa PUC partner with Veridian Corporation to make this project go forward. I - 13 Martha Pettit, Deputy Clerk, Town of Whitby, writing to the Regional Municipality of Durham, advising that on March 30, 2009, the Town of Whitby adopted the following resolution pertaining to the 2009 Compost Giveaway Event: “1. THAT Council approve the Public Works Department co-hosting a Compost Giveaway event with the Region of Durham on April 18, 2009; 2. THAT Council approve a Departmental initiative allowing staff to accept non-perishable food during the Compost Giveaway; and, 3. THAT a copy of Public Works Department Report, Item PW 11-09 regarding the ‘2009 Compost Giveaway’ event be forwarded to the Region of Durham and the Area Municipalities.” I - 14 P. Madill, Regional Clerk, Region of Durham, advising Council that on April 1, 2009, The Region of Durham adopted the following resolution pertaining to the Waste Diversion Act Review: “a) THAT the Regional Municipality of Durham support, in principle, proposed changes to the Waste Diversion Act with the inclusions of: i) A policy statement recognizing reduction, reuse, recycling and recovery as the waste diversion hierarchy; ii) Recovery of energy as a part of a fully integrated waste management system; iii) Recognition of the need for Extended Producer Responsibility funding for all materials that are handled by municipalities as part of their integrated waste management systems, not just Blue Box recyclables; iv) Recognition of the need for diversified service delivery models among Ontario municipalities and the ability for municipalities to retain control over their Blue Box recycling service levels; Council Meeting Minutes - 11 - April 27, 2009 v) Mechanisms to require stewardship fees in the cost of manufactured goods and to make them transparent to consumers in the price of goods to help them make more educated purchasing decisions; vi) Clear definitions for ‘first importers’ and ‘Extended Producer Responsibility’; vii) Enforcement of existing provincial waste diversion regulations and new policies to ensure full compliance of the Industrial, Commercial and Institutional sectors with the 4R’s; viii) Recognition of the need for more engaging discussions with Ontario municipalities on implementation options for proposed initiatives; ix) Consideration be given to make ‘orphaned’ waste eligible for Waste Diversion Ontario funding; b) THAT comments provided by staff regarding proposed changes to the Waste Diversion Act be forwarded to the Ministry of the Environment for their consideration in advance of the April 1, 2009 comment deadline; and c) THAT a copy of Report No. 2009-WR-2 of the Commissioner of Works be forwarded as information to the Clerks of each of the Area Municipalities.” I - 17 Marilyn Pearce, Mayor, Township of Scugog, forwarding a copy of the Township of Scugog’s 2008 Progress Report highlighting the Township’s achievements of 2008 and goals for 2009. I - 18 Correspondence has been received from the following individuals/groups objecting to the proposed “Energy-From-Waste” facility and urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) G. Ward b) George Court Council Meeting Minutes - 12 - April 27, 2009 I - 19 Association of Municipalities of Ontario (AMO) Member Communication dated April 17, 2009, advising that the Honourable John Gerretsen, Minister of the Environment, has approved the Used Tires Program Plan, a program promoting 3Rs end-uses for scrap tires to be implemented by September 1, 2009. One of the core elements of the Program is the elimination of the approximate 2.8 million scrap tires currently sitting in stockpiles across the Province. For municipalities interested in providing collection services for used tires, the Ontario Tire Stewardship will provide registered Collectors with a Used Tire Collection Allowance of $0.88 per PL/T tire and $3.05 per medium truck and off-the-road tires. I - 20 Shelley Molica, Treasurer, Clarington East Food Bank, expressing appreciation to the Municipality for the generous grant of $5000, which will assist the organization in helping to meet the needs of those in the community who are suffering during these uncertain economic times. I - 4 George Armstrong, Manager of Regulatory Affairs and Key Projects, Veridian Connections Inc., announcing that Veridian customers showed their commitment to energy conservation on Saturday, March 28, 2009, in recognition of Earth Hour and reduced energy consumption by approximately 10.5 megawatts; and, indicating that the Municipality of Clarington registered the greatest impact with a reduction of 5.6% and achieved the largest Earth Hour savings amongst communities served by Veridian for the second year in a row. Resolution #C-228-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I – 4 from George Armstrong, Manager of Regulatory Affairs and Key Projects, Veridian Connections Inc. with respect to Earth Hour energy savings be received for information. “CARRIED” I - 5 Steve Jacobs, P.Eng., Senior Project Manager, URS Canada Inc., forwarding copies of the Transportation Environmental Study Report Addendum for the Highway 35 Four-Lane Planning and Preliminary Design Study Class Environmental Assessment, Group ‘B’ Project from 0.5 km south of Regional Road 20 northerly to 2.4 km south of Highway 7 for a 30-day public review period ending May 13, 2009. The TESR Addendum can also be downloaded from the project website at http://highway35.planningstudy.on.ca. Council Meeting Minutes - 13 - April 27, 2009 Resolution #C-229-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item I – 5 from Steve Jacobs, P.Eng., Senior Project Manager, URS Canada Inc. with respect to the Transportation Environmental Study Report Addendum for the Highway 35 Four-Lane Planning and Preliminary Design Study Class Environmental Assessment, Group ‘B’ Project, be received for information. “CARRIED” I - 8 P. Madill, Regional Clerk, Region of Durham, writing to Foster Loucks, Chair, Central East Local Health Integration Network, advising that on April 1, 2009, Regional Council adopted the following resolution pertaining to Durham’s Healthcare System: “a) THAT in order to improve political oversight of any future hospital foundation financial assistance requests the Region extend an invitation to the Chairs and/or CEO’s of the Central East Local Health Integration Network (LHIN) and local hospital corporations whose foundations are planning to/have requested Regional financial assistance to attend at least on an annual basis a meeting of the Health & Social Services Committee or Joint Finance & Administration and Health & Social Services Committee to address such matters as the Integrated Health Services Plan, Clinical Services Plan, Hospital Annual Planning Submission/Hospital Service Accountability Agreement, and any hospital related realignment issues; and b) THAT the Regional Chair recommend to the Chairs of the Central East LHIN and local hospital corporations whose foundations are planning to/have requested Regional financial assistance, that their governing statutes/by-laws be amended to permit Regional Council to appoint at least one representative to sit on their governing bodies and in the interim, to attend any and all meetings of such bodies and any committees, thereof, of relevance to the Region, in consultation with the Commissioner & Medical Officer of Health and/or Commissioner of Finance; and c) THAT Regional and Local Councillors and relevant staffs be encouraged to attend the 2009 May Symposium sponsored by the Central East LHIN, and be encouraged to report back and recommend whether annual Regional/Municipal attendance at such symposia is of value in terms of networking and gaining a greater understanding of Durham’s healthcare system.” Council Meeting Minutes - 14 - April 27, 2009 Resolution #C-230-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Region of Durham with respect to Durham’s Healthcare System be endorsed. “CARRIED” I - 12 John R. O’Toole, MPP, Durham, writing to the Honourable David Caplan, Minister of Health and Long-Term Care, expressing disappointment that public input into the Central East Local Health Integration Network’s Clinical Services Plan, has not provided opportunities for direct input through public meetings and has focused on electronic consultation making it difficult for all citizens to th participate; acknowledging that a meeting was held on March 9 but appeared to have been for invited stakeholders; advising that Municipalities in Durham support the principle of public meetings on the Clinical Services Plan “through the length and breadth of the LHIN”; and, requesting that the Central East LHIN extend the time for comment and hold public meetings into the Plan in a broad cross section of communities served by the Central East LHIN. Resolution #C-231-09 Moved by Councillor Woo, seconded by Councillor Foster THAT the Council of the Municipality of Clarington endorse the position of John O’Toole, MPP, Durham in requesting the Central East LHIN to extend the time for comment and hold public meetings into the Plan in a broad cross section of communities served by the Central East LHIN. “CARRIED” I - 15 Michael Patrick, President, Clarington Board of Trade, writing to Roger Anderson, Regional Chair, Regional Municipality of Durham, forwarding a copy of Council’s resolution endorsing the Municipality of Clarington’s comments on the Growth Plan Implementation – Proposed Amendment to the Regional Official Plan; and, advising that the Board of Trade supports the resolution and the request for additional employment lands to meet employment and growth targets. Council Meeting Minutes - 15 - April 27, 2009 Resolution #C-232-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item I – 15 from Michael Patrick, President, Clarington Board of Trade endorsing the Municipality of Clarington’s comments on the Growth Plan Implementation – Proposed Amendment to the Regional Official Plan, be received for information; and THAT Council acknowledge, with thanks, the Board of Trade’s support of the Municipality’s comments on the Growth Plan Implementation. “CARRIED” I - 16 Lloyd Elliott, Political Affairs Committee Chair and B. Cail Maclean, Executive Officer, Durham Region Association of Realtors, advising that the Association, representing 891 realtors throughout Durham Region, believe that local governments would benefit from knowledgeable, constructive input from active real estate professionals and that members of the Association are volunteering to sit on Municipal Committees of interest to the real estate industry; and, the Association hopes that local municipalities will bring any issues of interest to the real estate industry to their attention, to strengthen the political liaison with municipal representatives and demonstrate that Realtors can supply solutions to real estate problems and improve community life. Resolution #C-233-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Political Affairs Committee of the Durham Region Association of Realtors be advised of the process for appointments to Boards and Committees and of future Committee vacancies, as appropriate. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Items D - 26 and D - 27 were received as handouts. Council Meeting Minutes - 16 - April 27, 2009 Resolution #C-234-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 14 and hand-out items D - 26 and D - 27 be approved as per the agenda. “CARRIED” D - 1 Allan Kirby, President, Newcastle and Village District Historical Society, advising residents of the Village of Newcastle identify with the richness and heritage exemplified by the architecture of several buildings that lie in the heart of the village, indicating that a number of smaller businesses are attempting to maintain this theme and recognize the architectural principle as a value added ingredient to the success of their businesses and the success of the community as a whole; expressing concern that without a clear policy in place supporting the cultural heritage of the community investors are free to ignore the community’s interests; and, requesting Council to adopt a policy to protect the architectural heritage of the Village of Newcastle. (Correspondence referred to the Director of Planning Services) D - 2 Michael Chan, Minister, Ministry of Citizenship and Immigration, advising nomination forms and information outlining details of the selection process for the Lincoln M. Alexander Award 2009, an annual award to recognize young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination, are available on the Ministry’s website at www.ontario.ca/honoursandawards. The deadline for submission is May 31, 2009. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) Council Meeting Minutes - 17 - April 27, 2009 D - 3 The Honourable George Smitherman, Deputy Premier, Minister of Energy and Infrastructure, advising of the deadline of June 16, 2009, for municipalities to amend their Official Plans to conform with the policies in the Growth Plan for the Greater Golden Horseshoe; recognizing that lower-tier municipalities require certain planning work to be done by upper-tier municipalities before they can complete their own conformity amendments; and, indicating that he is prepared to consider an extension of no more than one year for lower-tier municipalities to bring their plans into conformity subject to certain requirements. (Correspondence referred to the Director of Planning Services) D - 4 Correspondence has been received from the following individuals/groups in opposition to the proposed demolition of Camp 30; forwarding suggestions on future uses; and, requesting Council to do all that is necessary to preserve the nation’s historical heritage sites for future generations and as a tribute to Canada’s essential part of the war effort: a) Stephen Burns b) Terry Myles c) Aaron Wickens, also forwarding link to on-line petition – http://www.thepetitionsite.com/petition/908395226 d) Nicole Belej-Corrigan e) David P. Lockwood USSF (Ret.) f) Dennis Brocklebank (Correspondence referred to the Director of Planning Services) D - 5 Doris Hills expressing concern with the proposed changes to the delivery of health care in Durham and the impact on the Clarington community; advising the complexity of medical and surgical problems within the community serviced by Lakeridge Health Bowmanville requires on-site coverage by Internal Medicine and Surgical Specialists, to maintain a viable hospital and to ensure the efficient delivery of safe and effective care, it is essential that these services are enhanced, not eroded; expressing concern that the lack of on-site specialists in internal medicine will lead to the closure of the Special Care Unit, reduction in treatment options for Clarington Council Meeting Minutes - 18 - April 27, 2009 and to the eventual closure of the hospital; that the uncertainty of the situation will further diminish the ability of Clarington to attract and/or retain quality physicians, nurses and professionals to attend to the current needs of the community; and, urging the public to speak out to all levels of government representation to ensure they are made aware of the current health care crisis facing Clarington and of the long-term effects that the erosion of local hospital services will have on the health and economic wellbeing of the Municipality: (That Doris Hills be thanked for her letter of support pertaining to Lakeridge Health Bowmanville; and, that the correspondence be referred to all MPP’s in Durham Region, to Kevin Empey, CEO Lakeridge Health, to Foster Loucks, Chairman of the Board of Directors of Central East Local Health Integration Network (LHIN), and to the Honourable David Caplan, Minister of Health and Long Term Care) D - 6 Alexandra Mirowski forwarding a petition containing 240 signatures requesting the establishment of a recycling pick-up program for the businesses in the Waverley Plaza in an effort to reduce the amount of recycled material being placed in refuse containers and to assist the businesses in responsibly and effectively recycling their excess materials. (Correspondence referred to the Region of Durham) D - 7 Sally Barrie, Administrator, Community Care Durham – Clarington, requesting June 4, 5 and 6, 2009, be proclaimed as “Community Care Tag Days” in support of fundraising efforts to assist Community Care programs. (Proclaimed and tag days for June 4, 5 and 6, 2009, approved) Council Meeting Minutes - 19 - April 27, 2009 D - 8 Steve Shanks and Murray Walton, Lions Club of Courtice, requesting permission to host a Lions Foundation of Canada Purina Walk for Guide Dogs on Sunday, May 31, 2009, a pet-friendly, family walk to raise funds to help raise, train and provide Dog Guides to serve Canadians with disabilities; outlining the 4.5 km route starting at Holy Trinity Catholic Secondary School offering sidewalk access to the anticipated 40 walkers and ten volunteers; indicating that liability insurance in the amount of $2,000,000 has been secured; and inviting Members of Council and staff to participate in the walk and to pre-register at www.purinawalkfordogguides.com. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 9 Louisa Cantelon, Co-Founder & National Director, Events, Coast to Coast Against Cancer Foundation, advising of the Sears National Kids Cancer Ride, a cross-Canada cycling event to raise awareness and financial support for childhood cancer; requesting permission to use sections of municipal roadways through Bowmanville and Newcastle; and, advising that no roads will be closed, police escorts are being arranged and all applicable municipalities in Durham Region are being named as a additional insured on their liability insurance. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 10 David Staples, Parade Chairman, Durham Central Fair (Orono) requesting permission to hold the Elementary School Parade on Friday, September 11, 2009, and Fair Parade on Saturday, September 12, 2009, in association with the Durham Central Fair (Orono); forwarding route maps, including start and finish times; advising there will be approximately 60 parade items ranging from floats, bands, vintage autos, tractors and decorated bikes; and, advising that proof of $2,000,000 liability insurance will be provided. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 20 - April 27, 2009 D - 11 Frank W. Smith, CEO, Pegasus Global Group, expressing concern with the increased density, lack of compatible designs and substandard materials in the new Kylemore development at the Port of Newcastle; questioning how the property of the Former Camp 30 became part of the holdings of the Kaitlin Group and expressing concern with the potential demolition of the site; advising he is looking to locate a new plant for one of his companies in the area and requested a reason as to why he should do business in Clarington. (Correspondence referred to the Director of Planning Services) D - 12 D. L. Cullingworth, Secretary, Newcastle – Bond Head Ratepayers Association, requesting Municipal Law Enforcement staff make a concerted effort in enforcing the Newcastle and Bond Head parking restrictions, particularly on King Avenue. (Correspondence referred to the Municipal Clerk) D - 13 Brad Savage, forwarding correspondence in support of the application by Caledon Propane to expand its service yard to include land to the north of the current location on the west side of Port Darlington Road. Mr. Savage supports the application on several grounds including potential safety issues on the existing site, the derelict condition of the proposed expansion site, the potential for job security and creation and support of Caledon Propane as a local business and good neighbour who supports local activities and contributes crucial business taxes to the municipality. (Correspondence referred to the Director of Planning Services) D - 14 The Honourable Jim Prentice, P.C., Q.C., M.P., Minister of the Environment, responding to Council’s request for protection and designation of Camp 30 in Bowmanville as a site of national historic significance; advising that the Ministry designates places, people and events of significance on the recommendation of the Historic Sites and Monuments Board of Canada (HSMBC), the advisory body on historical matters; advising that the designation as a natural historic site does not constitute protection as these matters are the responsibility of the provinces under their respective heritage legislation; the activities and mandate of the HSMBC are Council Meeting Minutes - 21 - April 27, 2009 described on the Parks Canada Website at www.pc.gc.ca/clmhc- hsmbc/index_E.asp; and, suggesting that if after reviewing the website the municipality wishes to submit an application, including the owner’s consent to proceed with an evaluation of the property, it should be directed to Julie Dompierre, Executive Secretary of the Board. (Correspondence referred to the Director of Planning Services) D - 26 Vic Suppan, Chair, Heritage Advisory Committee, advising that the Committee is in support of adding the properties located at 33 King Street West, Bowmanville and 19-1/2 and 21-23 King Street West, Bowmanville to the Municipal Registry as properties of cultural heritage value or interest. By adding the properties to the Registry, the Municipality identifies and recognizes that these properties contain cultural heritage significance and, since the Registry is a public document, all who are concerned about the property become aware of its heritage significance. The only restriction placed on the property is that to demolish a building will require the applicant to apply directly to Council with at least 60 days notice. This assures time to determine if the loss of the heritage asset and replacement with something new enhances the quality of life in our community. (To advise of actions taken with respect to Report #PSD-040-09) D - 27 Sue DaCosta, Secretary, Orono Town Hall Board, advising of the Board’s intention to apply for Federal grant funding to assist with much-needed renovations to the washroom facilities at the Orono Town Hall; requesting a letter of agreement and support from the Municipality as owner of the building required as part of the application process; advising that should the Board not be successful in the Federal grant application, they are prepared to fundraise to have the renovations completed as they are losing rentals because of the condition of the washrooms. The deadline for the Federal funding application is May 4, 2009. (Correspondence referred to the Director of Operations) Council Meeting Minutes - 22 - April 27, 2009 D - 15 Mrs. Iman Deal, Chair, Youth Advisory Committee, St. Thérése th Parish, advising of the 6 Annual SONfest, a Catholic Youth conference/festival for youth and young adults of the Peterborough Diocese to be held August 13 to 16, 2009, at Holy Trinity Catholic Secondary School; indicating 250 to 300 young people are expected to attend and participate in various programs and social activities; requesting to be notified of any permit requirements; and, requesting an exemption to By-law 2007-071 with respect to the noise curfew. Resolution #C-235-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 15 from Mrs. Iman Deal, Chair, Youth Advisory Committee, St. Thérése Parish requesting an exemption to Section 3.1 of By- law 2007-0071 be approved, with conditions as set out in their presentation. “MOTION WITHDRAWN LATER IN THE MEETING” Resolution #C-236-09 Moved by Councillor Trim, seconded by Councillor Novak THAT the foregoing Resolution #C-235-09 be amended to extend the curfew until 12:00 midnight on Saturday until 8:00 a.m. on Sunday. (SEE FOLLOWING MOTION) Resolution #C-235-09 was subsequently withdrawn. Resolution #C-237-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D – 15 from Mrs. Iman Deal, Chair, Youth Advisory Committee, St. Thérése Parish requesting an exemption to Section 3.1 of By- law 2007-0071, be referred to the Municipal Clerk. “CARRIED” D - 16 Rosemary Davies, expressing concern with the increase in municipal property taxes; questioning what Council intends to do to lower property taxes for 2010; and suggesting that employee expense accounts be reduced, wages be frozen for the next seven years and that all perks, meals and lodging at the tax payer’s expense be discontinued. Council Meeting Minutes - 23 - April 27, 2009 Resolution #C-238-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D – 16 from Rosemary Davies expressing concern with the increase in municipal property taxes, be received for information. “CARRIED” D - 17 Allan Hewitt, Chair, Clarington Public Library Board, expressing concern that Canada Post is not guaranteeing support of the Library Book Rate, a reduced postal rate that libraries in Canada have used to support and encourage the sharing of taxpayer-funded library books and to help to ensure that all Canadians have equal access to information regardless of their location, age or ability; advising that on March 25, 2009, the Clarington Public Library Board directed staff to advise Merv Tweed, Member of Parliament, of the Board’s support of Bill C-322, a bill that will protect and support the Library Book Rate and extend it to include audiovisual materials; and, requesting Council’s endorsement of Bill C-322. Resolution #C-239-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Council of the Municipality of Clarington endorse Bill C-322, a bill to protect and support the Canada Post Library Book Rate and to extend the rate to include audiovisual materials. “CARRIED” D - 18 Alice Grottoli, Communications Coordinator, Community Connection, writing further to Council’s resolution of February 9, 2009, receiving for information Community Connection’s correspondence requesting Council’s consent in providing 211 service to telephone subscribers in the shared Garden Hill telephone exchange (797) and to the delegation of Cathy Gowland and Alice Grottoli to the General Purpose and Administration Committee on April 6, 2009, highlighting the value of the 211 service; acknowledging that the passing of the proposed resolution will provide only access to 211 by a limited number of Clarington residents; however, Council approval will allow another milestone to be reached in the objective to provide 211 access for all Ontario by 2011; and, requesting as per the CRTC ruling, a formal resolution of Council for the endorsement of the information and referral services provider for the areas to be served. Council Meeting Minutes - 24 - April 27, 2009 Resolution #C-240-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Resolution #C-062-09 be reconsidered. “MOTION LOST” D - 19 Linda Van Alstine, Clerk, Tay Valley Township, advising of the Ministry of Natural Resources’ implementation of a limit on sunfish and the devastating effects the newly imposed limit has had on local tourism and on the livelihood of every business owner whose success depends on the tourism industry; advising that due to public outcry the Ministry has rescinded the limit, passed a variation order and mandated that a Zone Fishery Council be formed to provide advice and recommendations on sunfish and perch management for implementation in 2010; and requesting that Council endorse the following resolution and that a letter of support be forwarded to the Ministry of Natural Resources and copied to the Township of Tay: “We the Council of Tay Valley Township respectfully request that the MNR Fishery Council of Zone 18 postpone implementing any limit on sunfish until further studies have been conducted to find out what the effects of a larger pan fish population could have on our Walleye and Bass. And further implement the involvement of the Ministry of Tourism to conduct a study to find out what type of impact a pan fish limit will have on the American tourism industry. We request that the pan fish regulation stay status quo.” Resolution #C-241-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT the resolution from the Township of Tay Valley with respect to a pan fish regulation be received for information. “CARRIED” D - 20 John Bate, Chair, Abandoned Cemeteries Board, advising Council that on April 4, 2009, the Abandoned Cemeteries Board adopted the following resolution pertaining to Bill 149 – Inactive Cemeteries Protection Act, 2009: “THAT the Council of the Municipality of Clarington be requested to endorse the following resolution: Council Meeting Minutes - 25 - April 27, 2009 ‘WHEREAS Ontario’s cemeteries are an important part of our cultural heritage; AND WHEREAS Ontario’s inactive cemeteries are constantly at risk of closure and removal; AND WHEREAS Ontario’s cemeteries are an irreplaceable part of the province’s cultural heritage; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington hereby petitions the Legislative Assembly of Ontario to pass Bill 149, Inactive Cemeteries Protection Act, 2009, to prohibit the relocation of inactive cemeteries in the Province of Ontario’.” Resolution #C-242-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the Abandoned Cemeteries Board with respect to Bill 149 – Inactive Cemeteries Protection Act, 2009 be referred to the Municipal Clerk. “CARRIED” D - 21 Marolyn Morrison, Mayor, Town of Caledon, and Chair, Greater Toronto Countryside Mayors Alliance, writing to Chair Allen Taylor, Rural Ontario Municipalities Association, advising that on January 16, 2009, the Greater Toronto Countryside Mayors Alliance adopted the following resolution pertaining to the increase in natural wildlife and predators: “WHEREAS the Greater Toronto Countryside Mayors Alliance resolve that, as a result of the increase in natural wildlife and predators on our agricultural lands and an increase in vehicular accidents involving wildlife; BE IT RESOLVED THAT the Province of Ontario be requested to assist local municipalities by: broadening hunting policies; considering and implementing the re-introduction of problem predator removal program and other types of control for certain predators; and updating the livestock kill compensation program for current economic conditions; Council Meeting Minutes - 26 - April 27, 2009 AND THAT this resolution be forwarded to the Association of Municipalities of Ontario, the Rural Ontario Municipalities Association for their support; and forwarded to the Members of Provincial Parliament in the GTA for their information.” Resolution #C-243-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Greater Toronto Countryside Mayors Alliance with respect to the increase in natural wildlife and predators be referred to the Municipal Clerk. “CARRIED” D - 22 John R. O’Toole, MPP, Durham, forwarding a copy of correspondence received from the Honourable Jim Bradley, Minister of Transportation, responding to his correspondence regarding the establishment of a decorative floral “gateway” on Highway 401 in Bowmanville in which the Minister advises of policy restrictions regarding Decorative Municipal Identification displays limiting displays to upper, lower and single tier municipalities and First Nation Territories. Mr. O’Toole advises that he disagrees with the Provincial Policy that only recognized municipalities can have identification displays on provincial highways; and advises he would be willing to work towards changing the rules for the future to allow vibrant communities such as Courtice, Bowmanville, Newcastle and Newtonville to maintain their identify and have the opportunity to display their civic pride. Resolution #C-244-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item D – 22 from John R. O’Toole, MPP, Durham, with respect to the policy for the establishment of a decorative floral “gateway” on Highway 401 in Bowmanville be endorsed. “CARRIED” Council Meeting Minutes - 27 - April 27, 2009 D - 23 Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington, advising Council that on April 14, 2009, the Agricultural Advisory Committee of Clarington adopted the following resolution pertaining to Energy-From-Waste air monitoring: “WHEREAS the Energy from Waste (EFW)/Incineration Facility proposed for the Clarington site on Osborne Road is in the process of completing a full Environmental Assessment (EA); and WHEREAS the Region of Durham recognizes the importance of its agricultural community; and WHEREAS the fact sheet issued in February 2008 by the Durham York Residual Waste Study to the local agricultural community and public provided assurance that concentrations of any chemicals from the facility will not present a risk to local agricultural operations, farmers fields, produce or livestock; and WHEREAS, at that time the Region was committed to monitoring emissions, and key process parameters, on a continuous basis to ensure safe operation; and WHEREAS the Region’s consultants have carried out baseline environmental monitoring studies including agricultural crops, soil, and produce and baseline airshed monitoring; and WHEREAS the consultant did not recommend ambient air quality monitoring and ongoing environmental monitoring; and WHEREAS proving to the producers and consumers assurance that the quality of the agricultural products in Clarington will not be adversely affected by the EFW is of vital economic importance to the local agricultural community; THEREFORE BE IT RESOLVED THAT the Agricultural Advisory Committee of Clarington recommends that Clarington Council request Regional Council carry out ongoing ambient air quality monitoring on a monthly basis at the point of impingement and ongoing environmental monitoring on an annual basis for at least the first five years of operation; Further that Clarington’s Council resolution be forwarded to the DAAC, and other local municipalities.” Council Meeting Minutes - 28 - April 27, 2009 Resolution #C-245-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the Agricultural Advisory Committee of Clarington with respect to Energy-From-Waste air monitoring be received for information. “CARRIED” D - 24 Piotr Derus forwarding a copy of his petition to the House of Commons with respect to the inability to purchase electric vehicles in Canada and requesting Council’s support in signing the petition requesting the government to expedite the Canadian market arrival of highway speed electric cars so that Canadians who are able and willing to purchase such cars may have the ability to do so. Resolution #C-246-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D – 24 from Piotr Derus with respect to a petition to legalize electric vehicles in Canada, be received for information. “CARRIED” D - 25 Mike Galloway, CMO, The Township of Essa, advising Council that on April 15, 2009, the Township of Essa adopted the following resolution pertaining to public salary disclosures: “WHEREAS earlier this month the 2008 public salary disclosures were released by the provincial government for all public sector organizations in the province, otherwise known as the Sunshine List; AND WHEREAS the list included James Hankinson, President of Ontario Power Generation with a 2008 salary of $2,474,500 and Laura Formusa, President of Hydro One at $924,437; AND WHEREAS the Ontario economy is struggling and the unemployment rate continues to increase in the province; AND WHEREAS the government sector has the obligation to be open and transparent with its constituents; THEREFORE BE IT RESOLVED THAT the Township of Essa requests the Provincial Government to establish a review process for any annual salaries over $500,000 in the Ontario Public Service Sector or any affiliated organization, to justify these salaries to the residents of the Province of Ontario; Council Meeting Minutes - 29 - April 27, 2009 AND THAT this resolution be forwarded to the Ontario Premier, Minister of Finance and all MPP’s; AND FURTHER this resolution be forwarded through AMO to all Ontario municipalities for their consideration and support.” Resolution #C-247-09 Moved by Councillor Trim, seconded by Councillor Woo THAT the resolution from the Township of Essa with respect to public salary disclosures be received for information. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report April 20, 2009. Resolution #C-248-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of April 20, 2009, be approved, with the exception of Items #8 and #12. “CARRIED” Item #8 Resolution #C-249-09 Moved by Councillor Novak, seconded by Councillor Woo THAT Report COD-030-09 be received; THAT Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario with a total bid in the amount of $217,067.20 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-3, be awarded the contract for the Sidewalk Rehabilitation, Various locations as required by the Engineering Department; THAT funds required in the amount of $257,165.54 ($217,067.20 tender plus contingencies, and utility relocations) be drawn from the Engineering 2009 Capital Budget Accounts and the amount of $9,711.75 from the Community Improvement Plan Reserve Fund for the decorative poles on Centreview Street in Orono, as follows: Council Meeting Minutes - 30 - April 27, 2009 Account # 110-32-331-83215-7401 includes $146,714.53 decorative poles for Centreview Street, Orono Account # 110-32-331-83346-7401 Prestonvale Rd $ 64,361.88 Sidewalk Account # 110-32-331-83345-7401 Bloor St. $55,800.88 Sidewalk Total Funds Required $266,877.29; and THAT the By-law marked Schedule “A” attached to Report COD-030-09, authorizing the Mayor and the Clerk to execute the necessary agreement, be approved. “CARRIED” Item 12 Resolution #C-250-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the delegation of Carol Wilson Hodges and Assef Azadeh, EnergySolutions be referred to the Director of Planning Services to investigate the offer brought forward by the delegates for Council and staff to tour one of their facilities. “CARRIED” STAFF REPORT(S) Report FND-010-09 - Build Canada Fund – Intake 2, Infrastructure Stimulus Fund and Recreational Infrastructure Canada Program Resolution #C-251-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Report FND-010-09 be received by Council; THAT the Municipality submit one (1) application for funding to the Build Canada Fund – Communities Intake 2, three (3) applications to the Infrastructure Stimulus Fund and submit three (3) requests under the Recreational Infrastructure program; Council Meeting Minutes - 31 - April 27, 2009 THAT the following works be endorsed as the Municipality of Clarington’s highest priority projects for the Building Canada Fund – Intake 2: i) Garnet B. Rickard Recreation Complex – Energy Retrofit - $1,275,000 THAT the following works be endorsed as the Municipality of Clarington’s highest priority projects for the Infrastructure Stimulus Fund: i) Replacement and Extension of Bridge on Hancock Road South of Nash Road - $890,000 ii) Concession Road 6 from Old Scugog Road to Acres Road - $2,480,000 iii) Concession Road 6, Acres Road to Highway 35/115 - $2,620,000 THAT the following works be endorsed as the Municipality of Clarington’s highest priority projects for the Recreational Infrastructure Canada: i) Darlington Sports Complex – Floor Replacement - $400,000 ii) Newcastle Memorial Arena – Roof Replacement and Refrigeration Plant Improvements - $425,000 iii) Garnet B. Rickard Recreation Complex – Pad A East Seating and Dressing Room Renovation - $500,000 THAT Report FND-010-09 be forwarded to the Build Canada Fund and Infrastructure Stimulus Fund as part of the application process; THAT the applicable departments proceed with the preparation and submission of the Build Canada Fund – Communities Component Intake 2 and Infrastructure Stimulus Fund applications, including all supporting documentation; THAT, if the application is approved, the one-third municipal share of the BCF – Intake 2 project of $425,000 be financed $150,000 from the Community Services Department Building Refurbishment Reserve Fund, $100,000 from the Community Services Capital Reserve Fund and $175,000 from the General Municipal Reserve Fund; THAT, if the applications are approved, the one-third municipal share of the Infrastructure Stimulus Fund projects of $1,996,667 be financed from the General Municipal Reserve Fund; THAT, if the applications are approved, the one-third municipal share of the Recreational Infrastructure Canada projects of $441,667 be financed $100,000 from the Facilities/Parks Maintenance Reserve Fund and $341,667 from General Municipal Reserve Fund; and Council Meeting Minutes - 32 - April 27, 2009 THAT the by-law attached to Report FND-010-09 authorizing the Mayor and CAO and/or Clerk, as required by Build Canada, to execute the BCF Contribution Agreement and Infrastructure Stimulus Fund Agreement and any other documents required to take advantage of this funding opportunity be approved. “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS Robert Walraven, Regarding the Request for a Street Party on Morgandale Cres., Bowmanville to be Reconsidered Resolution #C-252-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Resolution #C-194-09 be reconsidered. “CARRIED” Resolution #C-253-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the request for approval to proceed with the first annual Morgandale Street Party on June 6, 2009, from 1:00 p.m. to 11:00 p.m. be denied. “MOTION WITHDRAWN” Resolution #C-254-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the first annual Morgandale Street Party on June 6, 2009, from 1:00 p.m. to 11:00 p.m. be approved, provided all requirements of staff are met. “CARRIED” Dominick and Angela Forsellino, Regarding a Request for Exemption from By- Law 2004-114, By-law to Regulate and License Refreshment Vehicles Council Meeting Minutes - 33 - April 27, 2009 Resolution #C-255-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Resolution #GPA-307-09 be lifted from the table. “CARRIED” Resolution #C-256-09 Moved by Councillor Hooper, seconded by Councillor Trim THAT the refreshment vehicle license application of Dominick and Angela Forsellino be approved with special conditions in accordance with Section 151 (1) (d) of the Municipal Act, 2001, as they are the property owners of the proposed location of the hot dog cart. “MOTION LOST” Resolution #C-257-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the Municipal Clerk be requested to review By-law 2004-114, a By-law to Regulate and License Refreshment Vehicles with respect to the 60 metre set back as it relates to tenants and land owners. “MOTION CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Council Meeting Minutes - 34 - April 27, 2009 Addendum to Report CSD-007-09 – 2009 Rotary Ribfest Resolution #C-258-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report CSD-007-09 be lifted from the table. “CARRIED” Resolution #C-259-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Addendum to Report CSD-007-09 be tabled to the May 4, 2009, General Purpose and Administration Committee meeting. “CARRIED” Rescheduling of June 8, 2009 General Purpose and Administration Meeting Resolution #C-260-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Resolution#GPA-315-09 be lifted from the table. “CARRIED” Resolution #C-261-09 Moved by Councillor Novak, seconded by Councillor Trim WHEREAS the Federation of Canadian Municipalities’ Annual Conference is scheduled to be held from June 5 to 8, 2009, in Whistler, British Columbia; AND WHEREAS members of Council will be attending this conference; AND WHEREAS a General Purpose and Administration Committee meeting is scheduled to be held on June 8, 2009; NOW THEREFORE BE IT RESOLVED THAT the General Purpose and Administration Committee meeting scheduled to be held on June 8, 2009, be rescheduled to June 15, 2009, 9:30 a.m., to be followed that evening with the regularly scheduled Council meeting at 7:00 p.m.; and Council Meeting Minutes - 35 - April 27, 2009 THAT notice of the amendment to the schedule of meetings be given in accordance with the Procedural By-law. “CARRIED” Resolution #C-262-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the presentation of Glenda Gies, President, Port Darlington Community Association and Co-Chair, St. Marys Cement Community Relations Committee (CRC), Candice Kay, Co-Chair, CRC, Rubin Plaza, Environmental Manager and Michael Smith, Quarry Manager, St. Marys Cement, be received with thanks. “CARRIED” Resolution #C-263-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the presentation of Dave McCauley, Director, Uranium and Radioactive Waste Division, NR Can and Marie-Pierre Grondin, Environmental Assessment Officer, Canadian Nuclear Safety Commission, be received with thanks and referred to the Director of Planning Services. “CARRIED” Resolution #C-264-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the presentation of Richard Walli, Chair, Energy-From-Waste Site Liaison Committee be received with thanks. “CARRIED” Council Meeting Minutes - 36 - April 27, 2009 BY-LAWS Resolution #C-265-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-045 to 2009-053 inclusive; 2009-045 Being a By-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Her Majesty the Queen in Right of Ontario as represented by the Deputy Premier and Minister of Energy and Infrastructure and the Minister of Agriculture, Food and Rural Affairs for the Building Canada Fund – Communities Component (BCF-CC) Contribution Agreement for Infrastructure Projects – Intake One 2009-046 Being a By-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for Municipal purposes for the year 2009 2009-047 Being a By-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Her Majesty the Queen in Right of Ontario as represented by the Deputy Premier and Minister of Energy and Infrastructure and the Minister of Agriculture, Food and Rural Affairs for the Building Canada Fund – Communities Component (BCF-CC) Contribution Agreement for Infrastructure Projects – Intake Two 2009-048 Being a By-law to exempt certain portions of Registered Plan 40M- 2038 from Part Lot Control 2009-049 Being a By-law to authorize entering into an agreement with the Owners of lands subject to Part Lot Control Application ZBA 2009- 0005 and any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of Part Lot Control Application ZBA 2009-0005 2009-050 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2009-051 Being a By-law to establish certain lands as public highway, assume them for public use and name them 2009-052 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Aloia Bros Concrete Contractors Ltd., Toronto, Ontario to enter into agreement for the Sidewalk Rehabilitation, Various Locations Council Meeting Minutes - 37 - April 27, 2009 2009-053 Being a By-law to amend Municipality of Clarington Development Charge By-law No. 2005-108, as amended by By-law No. 2008-104, 2007-195 and By-law 2006-160; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION The Chief Administrative Officer responded to concerns raised regarding the ability of Council to review the EFW Host Community Agreement indicating that the matter will be reviewed by Regional Council on June 16, 2009, and he will report to Council prior to that date. CONFIRMING BY-LAW Resolution #C-266-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-054, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 27th day of April 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-267-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 10:11 p.m. MAY "CARRIED" ,~~. NICIPAL LERK